Nyang’akamar v Tolim (Environment and Land Appeal 11 of 2021) [2023] KEELC 832 (KLR) (15 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 832
- Citation
- [2023] KEELC 832 (KLR)
- Decided
- 15 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand and EnvironmentPostureAppeal from a stay of execution pending appealCoramAg., Cockar Ag., FO NYAGAKA, Gicheru, In Warsame
Holding
The Appellant did not meet the conditions for the grant of an order for stay of execution pending appeal.
Facts
The Appellant, Nyang’akamar, sought a stay of execution pending appeal, alleging substantial loss and lack of security. The Respondent, Tolim, opposed the application, arguing the Appellant had not demonstrated substantial loss and had not provided security.
Issues
- Whether the Appellant has met the conditions for grant of an order for stay of execution pending appeal
- Who to bear the costs of this Application
Reasoning
The Court found that the Appellant did not demonstrate substantial loss and did not provide security, and the procedural law governing applications for stay of execution is Order 42 Rule 6(1) of the Civil Procedure Rules.
Outcome
The Appellant's application for stay of execution pending appeal was dismissed.
Orders
- The Appellant's application for stay of execution pending appeal was dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Halal & Another -vs- Thornton & Turpin [1963] Ltd [1990] eKLR
- COI & Another v Chief Magistrate Ukunda Law Courts & 4 Others [2018] eKLR
- Brian A. Garber (2019). Black's Law Dictionary, 11th Edition, Thompson Reuters, MN
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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